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A BILL TO BE ENTITLED
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AN ACT
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relating to the constitutional limitation on the rate of growth of |
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state appropriations and the constitutional creation of three |
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special funds to replace the economic stabilization fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 316.001, 316.002, 316.006, 316.007, and |
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316.008, Government Code, are amended to read as follows: |
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Sec. 316.001. LIMIT. The rate of growth of appropriations |
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from the current biennium to the next [in a] biennium from all |
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sources of revenue except the federal government [state tax
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revenues not dedicated by the constitution] may not exceed a rate |
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equal to the sum of the estimated rate of growth of the state's |
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population during the next biennium and the estimated rate of |
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inflation in the state during the next biennium [economy]. For |
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purposes of this subchapter, the base figure for determining the |
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level of appropriations from all sources of revenue except the |
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federal government for the current biennium is the lesser of: |
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(1) the amount of money appropriated for the current |
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biennium from all sources of revenue other than the federal |
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government, as cumulatively estimated by the comptroller at the |
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times the comptroller endorsed, in accordance with Section 49a, |
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Article III, Texas Constitution, the comptroller's certificate on |
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the bills making the appropriations; and |
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(2) the amount of money actually appropriated for the |
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current biennium from all sources of revenue other than the federal |
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government, as estimated by the comptroller at the request of the |
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Legislative Budget Board. |
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Sec. 316.002. DUTIES OF LEGISLATIVE BUDGET BOARD. (a) |
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Before the Legislative Budget Board submits the budget as |
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prescribed by Section 322.008 [322.008(b)], the board shall |
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establish: |
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(1) the rate equal to the sum of the estimated rate of |
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growth of the state's population during [economy from the current
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biennium to] the next biennium and the estimated rate of inflation |
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in the state during the next biennium; |
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(2) the level of appropriations for the current |
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biennium from all sources of revenue except the federal government |
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[state tax revenues not dedicated by the constitution]; and |
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(3) the amount of state revenue from all sources |
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except the federal government [tax revenues not dedicated by the
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constitution] that could be appropriated for the next biennium |
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within the limit established by the estimated rate computed under |
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Subdivision (1) [of growth of the state's economy]. |
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(b) [Except as provided by Subsection (c), the board shall
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determine the estimated rate of growth of the state's economy by
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dividing the estimated Texas total personal income for the next
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biennium by the estimated Texas total personal income for the
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current biennium. Using standard statistical methods, the board
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shall make the estimate by projecting through the biennium the
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estimated Texas total personal income reported by the United States
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Department of Commerce or its successor in function.
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[(c) If a more comprehensive definition of the rate of
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growth of the state's economy is developed and is approved by the
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committee established by Section 316.005, the board may use that
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definition in calculating the limit on appropriations.
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[(d)] To ensure compliance with Article VIII, Section 22, of |
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the Texas Constitution, the Legislative Budget Board may not |
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transmit in any form to the governor or the legislature the budget |
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as prescribed by Section 322.008(c) or the general appropriations |
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bill as prescribed by Section 322.008(d) until the limit on the rate |
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of growth of appropriations has been adopted as required by this |
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subchapter. |
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(c) [(e)] In the absence of an action by the Legislative |
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Budget Board to adopt a spending limit as provided in Subsection |
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[Subsections] (a) [and (b)], the [estimated rate of growth in the
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state's economy from the current biennium to the next biennium
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shall be treated as if it were zero, and the] amount of state |
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revenue from all sources except the federal government [tax
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revenues not dedicated by the constitution] that may [could] be |
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appropriated for the next biennium [within the limit established by
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the estimated rate of growth in the state's economy] shall be the |
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same as the level of appropriations from those sources for the |
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current biennium. |
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Sec. 316.006. LIMIT ON BUDGET RECOMMENDATIONS. Unless |
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authorized by majority vote of the members of the board from each |
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house, the Legislative Budget Board budget recommendations |
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relating to the proposed appropriations of revenue from all sources |
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except the federal government [state tax revenues not dedicated by
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the constitution] may not exceed the limit adopted by the committee |
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under Section 316.005. |
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Sec. 316.007. TRANSMISSION OF RECOMMENDATIONS. (a) The |
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Legislative Budget Board shall include in its budget |
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recommendations the proposed limit of appropriations from all |
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sources of revenue except the federal government [state tax
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revenues not dedicated by the constitution]. |
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(b) The board shall transmit the recommendations to the |
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governor and to each member of the legislature. |
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Sec. 316.008. EFFECT OF LIMIT; ENFORCEMENT. (a) Unless the |
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legislature adopts a resolution under Article VIII, Section 22(c) |
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[22(b)], of the Texas Constitution raising the proposed limit on |
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appropriations, the proposed limit is binding on the legislature |
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with respect to all appropriations for the next biennium made from |
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all sources of revenue except the federal government [state tax
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revenues not dedicated by the constitution]. |
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(b) The rules of the house of representatives and senate |
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shall provide for enforcement of Subsection (a). |
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SECTION 2. Section 42.253(h), Education Code, is amended to |
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read as follows: |
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(h) If the amount appropriated for the Foundation School |
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Program for the second year of a state fiscal biennium is less than |
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the amount to which school districts are entitled for that year, the |
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commissioner shall certify the amount of the difference to the |
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Legislative Budget Board not later than January 1 of the second year |
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of the state fiscal biennium. [The Legislative Budget Board shall
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propose to the legislature that the certified amount be transferred
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to the foundation school fund from the economic stabilization fund
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and appropriated for the purpose of increases in allocations under
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this subsection.] If the legislature fails during the regular |
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session to make a transfer of the amount certified under this |
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subsection to the foundation school fund and appropriate that money |
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for the purposes of increased allocation under this subsection |
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[enact the proposed transfer and appropriation] and there are not |
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funds available under Subsection (j), the commissioner shall reduce |
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the total amount of state funds allocated to each district by an |
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amount determined by a method under which the application of the |
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same number of cents of increase in tax rate in all districts |
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applied to the taxable value of property of each district, as |
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determined under Subchapter M, Chapter 403, Government Code, |
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results in a total levy equal to the total reduction. The following |
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fiscal year, a district's entitlement under this section is |
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increased by an amount equal to the reduction made under this |
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subsection. |
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SECTION 3. (a) The changes in law made by this Act apply |
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only, as applicable, in relation to appropriations made for the |
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state fiscal biennium beginning September 1, 2009, and subsequent |
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state fiscal bienniums and in relation to state aid to school |
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districts for those fiscal bienniums. Appropriations for the state |
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fiscal biennium that began September 1, 2007, are governed by |
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Sections 316.001, 316.002, 316.006, 316.007, and 316.008, |
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Government Code, as those sections existed on January 1, 2007, and |
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the former law is continued in effect for that purpose. |
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(b) The changes in law made by this Act to Section 42.253, |
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Education Code, take effect May 29, 2009. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect January 1, 2009, but only if the constitutional |
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amendment proposed by the 80th Legislature, Regular Session, 200 |
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7, |
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concerning the restriction on the rate of growth of state |
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appropriations and establishing three special funds to replace the |
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economic stabilization fund is approved by the voters. If that |
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amendment is not approved by the voters, this Act has no effect. |